FILED STATE OF FLORIDA ang uN Ib A TE 33 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULON FLORIDA REAL ESTATE COMMISSION BIYSIOR CF ADMINISTRAT q FLORIDA DEPARTMENT OF BUSINESS HEAR AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2007010964 WALDO TOYOS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Waldo Toyos (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 662840 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive sales associate at 831 Cortez Street, Coral Gables, Florida 33134. 4. Atall times material on or about November 5, 2003 Respondent as Buyer entered into a contract with Michael Aliberti (Seller) for properties known as Building A, Units 2A, 5A, 6A, and 4A; of Sidoma View Condominium recorded in Official Records Book 18280, Page 4351. Public Records of Miami Dade County, Florida, and Building B, Unit 1B, 3B, 4B, and 5B, of Sidoma View Condominium recorded in Official Records Book 18280, Page 4351. Public Records of Miami Dade County, Florida (Subject Properties) for $145,000.00. A copy of the agreement for sale and purchase is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. . 5. Respondent, as Buyer, represented to Seller to have deposited $5,000.00 with Manuel M. Arvesu, Esquire, (Escrow Agent) for the purchase of the Subject Properties. 6. Respondent, as Buyer, failed to deliver to Escrow Agent a $5,000.00 deposit for the purchase of the Subject Property. COUNT I Based upon the foregoing, Respondent is guilty of failure to deposit money in an escrow account when the licensee is the purchaser of real estate under a contract where the contract requires the purchaser to place deposit money in an escrow account to be applied to the purchase price if the sale is consummated in violation of Section 475.25(1)(d)2., Florida Statutes. COUNT IL Based upon the foregoing, Respondent is guilty of misrepresentation, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 7. Petitioner realleges and incorporates herein Paragraphs One through Four above. 8. On or about October 10, 2002, Respondent, as Buyer, entered into a contract with Michael . A. Aliberti for a property located at 24 & 30 Sidonie Ave., Coral-Gables, FL 33134 (Subject Property 2) for $385,000.00. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 9.:Respondent represented to Seller to being a licensed real estate agent registered with Interchange Realty. 10. Respondent claimed entitlement to a real estate commission equal to 3% of the sale price for the Subject Property 2. I. At all times material on or about October 10, 2002 Respondent was not the holder of a current valid real estate license. A copy of the licensing information is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. COUNT IIE Based upon the foregoing, Respondent is guilty of having operated as a sales associate without being the holder of a valid and current license as a sales associate in violation of Section 475.42(1)(a), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of making misleading, deceptive, or fraudulent tepresentations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 45 5.227(1)(m), Florida Statutes. COUNT VI Based upon the foregoing, Respondent is guilty of exercising influence on the client for the purpose of financial gain of the licensee or a third party in violation of Section 455.227(1)(n), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 12. Petitioner realleges and incorporates herein Paragraphs One through Three above. 13. Respondent alleged to have delivered to Manuel Arvesu, a disbarred attorney as escrow agent, check # 3992 dated December 23, 2003 for $1 000,000.00 included the escrow deposit for the Subject Property. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 14. At all times material, Respondent’s check #3992 dated December 23, 2003 for $1000,000.00 delivered to Manuel Arvesu, a disbarred attorney was for legal fees, unrelated to the escrow deposit for the Subject Property. A copy of correspondence is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. COUNT VII Based upon the foregoing, Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person 4 acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1)(i), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Fiorida Statutes, depending. upon the severity of the . offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief: imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this__\"} day of , 2008. Department of Business and Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate en oe “ , #epeRment of Professional Res, ‘ Division of Real Estate ATTORNEY FOR PETITIONER Patrick J. Cunningham Senior Attorney Florida Bar N° 469221 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX /k PCP: RD/HF 1/08 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. : PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. ws AGREEMENT FOR SALE AND PURCHASE OF REAT. PROPERTY ACABEMENT FOR SALE AND PURCHASE OF REAL PROPERTY, . by and berwea MICHAEL 4 alger ERT! CSeUeSand % ‘clio WITNESSETH WHEREAS, Sclier ane 2s te sell to Buyers for the orice and upos, the feng and corditicas hezeinale spect in Dade County, Flonda, bemz @ Droge (ihe t"A" actached ? hereto. roperiv Now, r THEREFORE, ic consideration of Ten Dollars ($19 90) and other good and valuable cansidsetion, the + Barucs heexo do hereby auree as follows: . p PEschase Erigs SB LIE Terms of Payment The The purchase orice af the Poparty (the "Ou lod, Pekockee nt FPS CHAS XA A. Seller acknowledges the tscapt ef the sum of $5,000 5.000 00. Arvest, PAL Ghe * rohase F Price") whict shall de payable as tolows- (the "Initia! Escrow Deposit" Escoow Agent"), at the tine of the sxecutien ef this Agreement, by check subject to © 3e applied toward the Pu: rhase Price cf the Pee at the closing of ticle pereunder (the : i 2d in accortencs with the tems hercem ) paid to Manuel Mt © Datance of the Purchase Prise in the amount of $ gursuaat'tc the teans of this Agrescient existing as of the Closing, Gen, extension oc waiver oD aay of the terms hereat, and Buyer ska‘l dc jotativ and ssveraily lisdle with any such assignee for ail of its othegators hereunder. Noting contzined is this Deragraah may or should be interereted a5 wood: fying any tem or provision set forth clscwhers in this Agreement or the Deed. The provisions. of this >y- graph sholl survive the Clesing and delivery di the Deed, ‘the Property shall net be closed because of default by Buys, 10. Defanit. he sale ang purchass then Seller shall resain alt stings th tofore paid dy Buyer as a deposit as aereed Nauidated damages, it being expressly understood and agieed that in such event Sefe- will suffer damazes incasabdls of exact asteriajnmess, aad theroofer this Agtterent Shall be aull and void and neither Seiler nor Buyer shal! have any furcher cghrs or obligations hercunce-, SXCeDE as 15 Otheowise provided herein. Ifthe sale and purchise of the Property shall aot ed because of the default by Scllez, thea Buyer shall, 25 its sole and extivsive semedies, have the night ts iemative) to request a returc af the Eseraw Deposi: therstofore paid by 2 te Sellez, aad ugor such -enuca Ss Agreement shall be avll and void aad neither Seller nor Buyer sha!l any futher nights a: obigasons hereunder. Bost Parties sheil exjoy all of she same nights aud remedics meat, as spolicadls against the other i< che event of acy post-clesing default by ‘he sucor specie performance 9- (in the 3 hav. available undex this Agr Party hereunder. of Deed: Representations, Warracties and Other Agreements, fsemed to be an acknowledgmen: by Buyer ihar Seller's oblizations, representations, warrantcs. The acceptance of tie 5 by Bayer shail &. has iviiy pesiommed, discharged and complied with al! covercets and agreements nevcundet. that Seller is eiscka-yed thecfrom and that Sefer tex. Se aapaemean wi ADMINISTRATIVE COMPLAINDy EXHISIT # ¢ Pa or ta the Eiecfon Daze, coEned dsisw, wi Kind whatsocv. izv hav: msde acy lot Nan roproscatadiens, w . WReUIer Skoress or iaplied and. in parucula:, : PresenhAaas OY Warrantics 2 coagzion of apezatian or the campliance of the DP ancy oF the Property 3: acy } or conGidos of the Prooerty, or any other matter or § affecting or related to the Property or the tansaccions Conicmpiats¢ hersay, except as and scleiy to the extent herein specidicaliy set forth. Buver agrees ta accept the Pron is," , ond further agmres that Seller shail not he Sabie for easy arent ar catent i aay manner by Suacanties, promises, TOecuoONs, Mperungs state aye 4 onnacos scrainine co the Property berstoiors or hereafter ade, fiumished or clair to bave bsen macs ar firnished ay Seller or any other persoa ar entirv including, ui linuzation, any sixployee, agent, attorney or-othes persian rupscsexting or puzporting to tepresent Sciier, Scther verbally or in writing, except as aad solely to the extant that the sume is expressly set forth herein. iS present conditi cis in the Pra suet C. Buyereferesents aad waxtants that the execution and delivery oF this Agreement and the purzhass of the Property by Buyer save beeq duiy authorized and that no othe action o¢ approval got already ken o: obtained is fequired in order to enable Bu er ce consummate th: carsections contemplated by this Agreement. [n addition, Buys acknowledges and agress that Buyer shall be Gully responsibiz for all costs and expesses Gccluding, without limitation, ail legal fees) tecurmed ky Setier in connection or associated with any request or mand made by Buys: afte Closing pursuant to or soncerning any team, condition ‘or other waaiter costained ir Agcesment and/or any other instrament ceatemplsted by this Aersememt and/or delivered at Closing Gnciuding, without limistion, ali costs or expenses inewrred by Seller in reviewng, negotiating and/or prepammes any written instatesnt whatsoever, if any, after Clos 6). Is furtherance of this Buys obligation, Selier may require payment of any such cosis and expenses, in acvancs, at the time any suck request or demard is mad= and/or ray impose any otger Teasonabie canditiogs or reqlurements a3 Seller may desire to casure compLance. D. Seller represents end warrants that the execution and delivery of tus Agcesmear and che Saiz of ¥ Jas becr stuly authorized wad that ng corporate action or approval aot al-rady iaken o+ obtined 1s sequired in order to encble Seler to corsumzats ‘he sale es the Property to Beyer, subject to the appzoval of Selier's Investment Committee and its investment advisor as provided below. It is aersed thar the foregoing Tepreseniagozs and warranties cf Selier shatt xpurc at the Closing, porwifhstunding anyliing herein ta the contrary. &. The aravisions of tis Paragraph shall survive the Closing and dei very of the Desd. 12. Governing Law. THis a ¢ of Florida. The arovi g (as the case may be). Scomeni shail be govemed ty and construed ia accordance with th= fe the termination of this Agreement o7 atsraplaied b, and Seller + te tesolve sucit dispute shal! be > cl such prevailing Pays avtoraey =ph shail susvive the Cles ad “hy ADMINISTRATIVE COMPLAINT oe ExHigit # f pace 7 oor “Clasng (as the case may de} cose the Enzncial ar busacss : , &lemeys and account 8. St wit not disciese the price at which Buyer is agquirt @ Consent of Beyer in cach in waren coaseai Buyer agrecs uot cc der, withou: the coms! of Buyer, mav disclose the price of the Progesty peccve) pamners, tenders, atlomeys and accoumtaati. provisions oF chs x, Peragrapk shai survive the Closing and the delivery of the Oeed, as weil as the termination wher Buyer ar Selle <. withour the ¢ 3 Tespecdve for orospect. urrvosonaaly withhold, ttmms of this Ascesme: Selier agrees that. on third sary with nies Azrcement Agreement sets forth the suti derstanding astween Seller and Beye H prov agresmeats (f acy) beewcen Seller and modiled or amended, except dy an instrame s atiog, Modification cr amendzaent is L5. Entire Aoveement. This reiancy to the sale and purchase of the Property, zuperseding Buyer ‘cating to the saie of the Property, and shall sot be altered, in writing, signed by the pacty agains: whom ezforcement of such 2. ‘spugat. @ executed ia Swo or mors counterpurts, each of which 15. Counterparts. This Agrecment mav hk eracat. The gravisions of this sball Se dtemed to be ar ongical, Rut ail of whick will constitute the same are Paragraph shall servive the Closizg and the delivery of the Deed. cfs 7 i7. Amendmests. This Acresment m2y not be changed, meditied. supplemented or terminated, nor may any of the obligations hereunder or provistous hereof be waived, xxcept by an instrument executed by the pany hereto whichis oc will se affected Dy the ‘exms of stch changes, modification, supplemeatulicn or 1s Of thts Paragraph shal! sumrive the Closing and the delivery of the Deed. iemunatiog. Ths vrovisi 18. Waiver. No waiver by sithe: party 2fany Si or refusal by the other party to comply with its ooi:gatiogs shall be dexmed’= waiver of anv other or subsequent {lure or reftsal to so comiply. The previsions a Paragzant shad sucvive the iercimation ofthis Aersement or the Closing (as the case may de}. Yous and warranties ‘berzin i®, Successors aud Assigns. coverants, 2grccments, represen comuined shall inuce to the beneit of, and shall bind, the heis, adzunlistrators, successors and essigns of the respective partics bersto. The srevisiors of this Paragraph shall survive rounatioa of this Agreement ur the 29. No Third Party Beneficiaries. Buyer and Seiler agree that there are ao intended third rarty bene® 5 ons of Lis Ag-semeni or ny of the sthez agreeraeats cr stuments, executed it conn wth, acd co third purtics shall have any qehts hereunder or thereunder. The Provisions of this Paragcash skit! survive the Closiag and the dslivery of the Deed. ston thersoi to any Partial Levalidieqy © av term or provisioa of this Agrzement ar the 29 mastancss shail, t9 any extrat, be invalid or unsaforcsibie, the camaindcs of porsen or ¢ m of such temx or srov COMPLAINT EXHIBIT # ey ye ADMINISTRATIV m PAGE Ot par roeurse S Agtoment shall be ¥ provided for in tis Agreement ar new oz » and the exercise or Degiestae of the exercise by Agvement of now er not proslude dre scmuitaneous or later exercise by Setier of any or provided for in this Azeements isting at lew or in equity or by otherwise. The arovisions of this Pazaezupa stall curvive wh hereafier existing at os of tis Agreement ar the Mtyet fan then say neal osing (2g the case may de}. 23 Interpretazion. grecmeat fave besa inserted solely for the A. The headings of the vasious Paragrapas of this A 7 purposes of convenicace, ar= not par of this Agreement and shali sor b ¢emacd iG any manner to modizy, i) pe explain. expend or rescics any OF the provisions of this Anrsement 5B. This Agreement and the Sxtydiss bereto sad al other sicsin executed in connection herewith have besn negotiated a: anns lensth by Seller and Buysz, and the parties shat for the purpose of coustumy tae toms of this Agrscment or said Extubits or other g documests and instwurnents to be metaally agree documents or instruments, eeitier gary sual de deemed zesponsible fer the acthorsitp therco® C. Words uscd herein in the singuiar ox piural shail include the plural or singular and words used geader stall includ: the other serders, all where the context of this berein in te masculine, feminine or nes Agmement requires The tems “hersot" “hereiz.“ “aereimde:" o¢ words of sumilar immport shall refer to this Agreement it its totrery. The toons “Selier" and “Buyer” shalt include the hers, persoaal representatives, administrators, successors and assigns of the respective parizs hereto (subjec: to the limitations of Parazraph 5 hereoi). Whenever used. he singuias number shal! igchide the plural ane the olurai the singular, and the use of S i bss ace gender shali include a geadern. rafl THit form a licenged tor use with Focmutetcar® Forna Sofware v5.0 800-336-1027 warking candition of tha Kém, Inotuding pitted marcite; missing or torn acreens other thar mlasing pool cage or scr: room scteang, fogged windows; tears, worn spots and discoloration of floar coyarings/w Uipapers/ window. traatma: Nail holes, scratches. dents. scrapes, chips and caulking in bathroam celling/walls/floa Ing/tite/ fixtures! mirrors, tulnor cracks in floor (ies/windows/drivewaye/sidewalks/poo! dacke/garage and patlo floors. exceeds the Re alr Umit, either party may signatas which repa rs to make al s total costte In {ts “as is* ¢ ondition. ayn a9) aang arthropod or plant ite, in :luding termites, palkide-psat prtbges or Infests coasoned wood Ia.1 structure, excluding fences. eProperty inspected by a Floridetice 1sad past contra! buciness (a odsefftraying argantsm infestation and damage :aused by Infestetion, If the p T will detiver a copy of the inspector's v.-rittan repartto Seller withing at obligated to (coat the Property it all of the following apply (i) there is novisiblelive been treated, and (iii) Seller transfers a currant full (ec atment warranty to Buyer at fe S daye fram receipt of the Inapector's report to have reac led damage estimated by ant eatimated by a licensed pest cont of business. Setier will Oi ¢ Contract and hag met contractual obligations. No ather fesues May be ralsed as € result of tha walk.through| t Buyes-talatocoAduct this isepacti pa nalatansacoabligation meti-teoioeed-fatfiied 4 6é$00llon - Gon Ps pds a 190 9. RISK.OF Loss: ‘ Proparty I¢ damaged by fire or other caaualty before closirg anid can be restored within 11 45 days from the Closing Date to'subatantlally tha sama condition a8.t was on Effactiva Date, Sol larwill, at Sellers axpence, 152 restore the Property and tha Closing Data will be extended accordingly, If the restoratlon cannot (¢ completed in time, Buyer, 183 may accepttha Property "ae ie” with Seller assigning the insurance proceads far the Property to B yer at closing, falliag which! 154 elther party may cancel-this Contcact. : 145 i . . . i TITLE Quit Ciaim deed ue 10. TITLE: Seller will conway meshetepia title tothe Property by dtotutory warcanty deed of ittelas 168. (0) Tithe Evtdenca: Title svidence \will snowiagat access 10 tte Property endacadiatebie tliat asccsd ox $9" j é } : aha ‘ 160 voe-0b the Prepanyi-cowonanie-eesacinaien ord cacicictlnns of eacatst.cmatiece of plats ade a 161 oguletions o-andninerguiighteefnecocdif ti p at's putten o-mactgages. a pe . = : : - Salter will, priorta clowing, deliver to Buyec Salter’s choice of one of ie the following types of title evidence, which must be,ganarally accepted in the county where the Prc party fe located (specify In: 16 Paragraph S(c) the selected type). Setlar will uae option (1) in Palm Bench County and option (2) in Miami-Dade County, | 165 (1) A title Insurance commitment Issued by a Floridasticoncad title ingurer In the emount o° the purchase price and 166. sublect only te title exceptions’ sat forth In this Contract. ! be ; (2) An extating-abstract of tltte trom a reputable and existing abstract firm (if flea is not axi::ting, then abstract must be i certified as correct by an axlating firm): purporting to be an accurate synopals of the Instr iments affecting title tothe id Property recorded in the lc recards of the county where the Property is focated ang +) ih: However, If such an abstract:ts not available to Seller, than x prior owner's title policy; i i lngurec an a base for relesuante of caverags: Seller wil pay for coptas of all policy exception: and an update in a format a: acceptable to Buyers claging agent from tha: policy effective date and. certified to Buyer or Buyer'a Closing agent, 7 j together with coples. of atl documents tected in. the prior policy. and in the update. if a prio poticy Is not avalladie to se Gellar. then (1) above will be the ae evidence, THs evidence will be delivered no later than 4C days before Closing Date. i 176 tlonaddongs ying of nay detects that make the , : Wi duyaréZA ) : i & }( ) acknowledge receipt of a copy af this page, v hich is Page 3 of 6 Phges- lon of REALTORS® Al Rights Resocved ATIVE COMPLAINT. . ° 1 . oe | ADMINISTR t page 6 Twas on tevow, octooe w.tmpiesand = Oy | APR 30,2006 14:37 000-000-00000 * gel av: HE LASERJET 4150; 305 654 6810; OCT-25-02 1:24PM; PAGE 6/412 within the Curative Period, Séflgr will deliver written notice to Buyer and the parties will clas. the transac, ‘osirig Date or witnin 10 days from Buyer's receipt of Baller’s fotics if Closing Date nas passed. If 5: able to cure the dafacts within the Curative Pérlod, Seiler vill deliver written notica to Buyer and Buygc site amtfin 10 days from recel Ssller's notice, aither cancel thls Contract or accept title with existing de(gsta lase the transaction. c) Survey: Buyer may, prior. fo Closing Date and at Buyer's expgasarbarté the Property surveyed and deliver written PS iepeie Bday from eacalpt of eurvay butno tater! me a fg of any encroachments aq the F ropeny, eacmachmente by the Property's Improvements on ottor lands pedaeer®Bfration orzoning violations. Any suah enoroaahr vent of violation will betreat In the same mannor a6 afif! tnd Buyer's and Soiler's obligations will bo determined In acc ardance with subparagraph (6) Property lies ceaward ofthe coaetal construction control line, Se florwill pf aide Buyer with an affidavit or dalingatiog tha tne'e Joratinn no the properly uolawe Bin ia ve senitamon nice | 11, EFFECTIVE DATE; TIME: Tha "Effective Delo" of this Contract ls the date on which (he last.of 11¢ Parliee Inidats or signs thy fatest offer. Time 14 of the sesance forall provisions of thls Gontract. All time periods will ba ¢ imputed in business days “business day” le every calendar day excapt Saturday, Sunday and national tegai holiaeys). # any -teadline talls on a Saturday, Sunday or. national legal holiday, performance will ba due the-next businese day. All tina pari de will end at $:00 p.m. focal time (meaning tn the county whore the Property le located) of the appropriate day. i MISCELLANEQUS : 12. NOTICES: Allnotices wil be rhadetothe parties and Broker by mail, personal delivery or alecti onic media. Buyer's fallure to deliveritimely written notice to Sailor, when such notice i¢ required by this Contract, re garding any cantingenclas will render inat contingency quit and vold and the Contract will be construed as if the contingancy did not exist. 13. COMPLETE AGREEMENT: This Contract Is the entire agreement between Buyer ond Se lor Except for brokerage agreemonta, no prior or prosent agreemenis will biad Buyer, Seller or Broker uniass fnconorated into thic Contract. Madificatione of thie Contract wal not bo binding unless in waiting, signed and doltvered by the party to be bound. Signatures, inltlale, documents refecancedinttils Contract, counterparts and written modifications communicatd alactronically or an. papar will. De. acceptable fot all. purposes, Including delivery, end will be binding. Handwritten or typ ewtitten terms. Inserted in or attached to this Contract prevail over preprinted terms. If ary provislan of this Contract fa or bacc mas lavalld or unenforcaahte! all remaining provisions will cantinua ta be fully effective. This Contract will nal ba recordad In am public records. j , 14. ASSIGNABILITY; PERSONS: BOUND: Buyer may aot assign thle Contract without Sellecs “arltien consent. The fermg . Buyer,“ “Seller,” and “Broker ray be singular ar plural. This Gontract is binding on the heir: , administrators, executor personal raprasantatives and aesigas (if permitted) of Buyer, Seller und Broker, [ i. DEFAULT. AND DISPUTE RESOLUTION 15. DEFAULT: (a) Satier Default: Iffor any raazon Ss Soller falis, refuses ar neglects {o pecform this Contract, Buyer may choose to recelve s return of Buyer's deposit with watving tne rigntto seek damages (Or to seek specific performance as per Paragraph 16. Sefter wit also be Mable (a Broker for the full araunt of tiie brokerage ted. (b) Buyer Default; tf Buyer falls fo perform thta Contract withtr the tima specified, Includin uUmely payment of all deposits, Selier may choose to retain and colfect afl deposits paid and agreed fo be pald as fiquidate damagoe ‘ar to neek specific performance af por Paragraph 18; and Broker will, upon demand, recetve 60% of aff deposit: bald and agreed to be paid (te be'sptit equally among cooperating brokers) up to the full amount o the brokerege fee. 18. OIGPUTE RESOLUTION: This Contract will ba ‘construed under Florida law. All controversies. claims and other matters in cuestion arising out of or relating ta thls transaction or ths Contract or Ite breach will he aattlad as foliaws: {a} Disputes conceming ontitigment to deposits mado and agreed to be made: Buyer aod Saf 9¢ will have 30 days from ihe date. conflicting. demands ard made to attempt to resctve the Aapute through mediation. If hac fats, Escrow: Agent will submit the dlepute, If so roquirkd by Fioridg faw: to : hi decoyrt of the Florida Real Y . Buyer and Setter will be bound by any resulting sattlament.or order, (hj Au othar dicputag: Buyer and Setter will hava. 30 daye from tne date a dispute ar ‘ teselve fie (alle Un uate todkatiun, ‘fasitiny Widcl fie pales will cogutve ie depute turougtt +1 abst, be Biapiiind ile tied. Tae opitrarn yy act esites mh watract Lace ( - - P 5 by submitting it 1o-an Impartial mediator who facilitatas the rasolution of the digpute but who capeweret t impose a settlement on the parties, Mediation wit ba in accordance with the sof thew Arbitertion Azaactation CAAA‘) or other mediator agreed on by the'narties. lide the mediation fee. If any. ‘Arbitralion* Is a process in which the parti B SHUT ‘al person who decides the me(ter end whose dacisian is | fox of the eT : C__) acknowledge receipt of a copy of this page, vhich Is Pege 4 of ‘ bclaifon of REALTORS® — All Rights Reserved 800-996-4027 . i 1 i ADMINISTRATIVE COMPLAINT. 4 Prlaved Gas Traseday, O¢todel 16, £002 10:64:48 ~ Pica > m page 7 gre APR 30,2006 14:38 000-000-00000 page 8 “BENT: BY: HP LASERJET 3150; "805 854 8810; OCT-25-02 1:25PM; PAGE 7/12 i : | bar a ; 2380 epllnthe arblicaters tose gag ‘administrative feponotasblisctlon, "(238 i ESCROW AGENT AND BROKER 240 17, ESCROW AGENT: Buyarard Sallar authorize Escrow Agenttorecelve, depositand hold funds and ocar tame In @scrowand, 241 subject to clearance, daourae tem Upan proper authorization and in accardence with the term: of this Contract, including 242 disbursing brokerage fees, The partlas agree that Eacrow Agent will not be liable to any peceon for mi: delivery of exerowed teme to ; $43 Buyer or Saller.uniess the misdelivery is duato Eecrow Agent's wiliful breach of this Contract or grat a nagligence. {EscrowAgent : baa interpieads tha subject matter of the eacrow, Escrow Agent will pay the filing faa and costs fror: the deposit and will recovdr 1245 reasonable atiornoys'fees and Costa tobe paid from tha escrowed funde or equivalent and charged aid awarded as court costs In PAG favor of the prevailing purty. Ali Clalms against Escrow Agent will ba arbitrated, so long ag Escraw Agant consents to arbitrate, 263 and governmental agencies for verification of the Property Eahdmion, Equara: foatape and facts that motortally affeot Proport: regulatedby Chapter 479, F.S., ws ‘amended, lacluding Broker's feferral, recommendation or ratenticn of any vendor; (3) products Of Services provided by any vendor; and (4) axpenses Incurred by any vendor. Buyer and Soller each ogsuma full responsibility for 2s { selecting ana compensating thelr Tespectiva vendoca. This paragraph will not rallove Broker of etatuti ry obligations. For Purposes -. : ee Walda Yoyps con Roel Catste Ucongee B Raed alate Licensee | LPaole - : leon : lotecaharye Raalty tone oa soso 4 tokecaye /aconeregs tea: (Rar K of Parcnesé erica) IK Brokerege /Btakarage tee: ($00 % of Pucanac 4 Price] 9% ! t : 1 i :